Mr M Lancaster v Jacobs UK Ltd — 2022

The claimant, Mr M Lancaster, was dismissed by Jacobs UK Limited after a prolonged period of absence, repeated failure to provide fit notes, repeated failure to keep in contact with his line manager, and failure to continue with an agreed phased return to work. The tribunal found that the respondent had a genuine and reasonable belief that the claimant had committed misconduct, and that the dismissal was for conduct within section 98 of the Employment Rights Act 1996.

The tribunal accepted that the claimant had experienced low mood and that the respondent had attempted to support him through welfare contact, the Employee Assistance Programme, mental health support, occupational health input, and a phased return to work. It found that the claimant understood the absence reporting requirements, had been reminded of them repeatedly, and nevertheless failed for substantial periods to engage with the respondent in the manner required. The tribunal also found that the claimant accepted in the disciplinary and appeal processes that he had not adhered to the policies and had not been in regular communication.

On procedure, the tribunal found that the investigation, disciplinary hearing, and appeal process were fair. It noted that there were no material factual disputes, that the claimant understood the allegations, that he was given an opportunity to respond, and that the appeal was a full rehearing before an independent and more senior manager. The tribunal held that the respondent had acted within the range of reasonable responses in treating the conduct as gross misconduct and deciding that dismissal was the appropriate sanction.

The tribunal therefore held that the dismissal was fair and dismissed the unfair dismissal claim. As the claim failed, no monetary award was made and the tribunal did not need to consider the remaining issues raised in relation to compensation or contribution.